By: Miller H.B. No. 4089
A BILL TO BE ENTITLED
AN ACT
relating to tuition and fee exemptions at public institutions of
higher education for certain military personnel and their
dependents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.341, Education Code, is amended by
amending Subsections (a), (b-1), (c), (d), (e), (f), (k), and (l)
and adding Subsections (a-5),(c-1), and (c-2) to read as follows:
(a) The governing board of each institution of higher
education shall exempt the following persons from the payment of
tuition, dues, fees, and other required charges, including fees for
correspondence courses but excluding general deposit fees, student
services fees, and any fees or charges for lodging, board, or
clothing, provided the person seeking the exemption currently
resides in this state and entered the service at a location in this
state, declared this state as the person's home of record in the
manner provided by the applicable military or other service, or
would have been determined to be a resident of this state for
purposes of Subchapter B at the time the person entered the service:
(1) all nurses and honorably discharged members of the
armed forces of the United States who served during the
Spanish-American War or during World War I;
(2) all nurses, members of the Women's Army Auxiliary
Corps, members of the Women's Auxiliary Volunteer Emergency
Service, and all honorably discharged members of the armed forces
of the United States who served during World War II except those who
were discharged from service because they were over the age of 38 or
because of a personal request on the part of the person that the
person be discharged from service;
(3) all honorably discharged men and women of the
armed forces of the United States who served during the national
emergency which began on June 27, 1950, and which is referred to as
the Korean War; and
(4) all persons who were honorably discharged from the
armed forces of the United States after serving on active military
duty, excluding training for more than two years. [180 days] and who
served a portion of their active duty during:
(A) the Cold War which began on the date of the
termination of the national emergency cited in Subdivision (3);
(B) the Vietnam era which began on December 21,
1961, and ended on May 7, 1975;
(C) the Grenada and Lebanon era which began on
August 24, 1982, and ended on July 31, 1984;
(D) the Panama era which began on December 20,
1989, and ended on January 21, 1990;
(E) the Persian Gulf War which began on August 2,
1990, and ends on the date thereafter prescribed by Presidential
proclamation or September 1, 1997, whichever occurs first;
(F) the national emergency by reason of certain
terrorist attacks that began on September 11, 2001; or
(G) any future national emergency declared in
accordance with federal law.
(a-2) The exemptions provided for in Subsection (a) also
apply to the spouse of:
(1) a member of the armed forces of the United States:
(A) who was killed in action;
(B) who died while in service;
(C) who is missing in action;
(D) whose death is documented to be directly
caused by illness or injury connected with service in the armed
forces of the United States; or
(E) who became totally and permanently disabled
or meets the eligibility requirements for individual
unemployability according to the disability ratings of the
Department of Veterans Affairs as a result of a service-related
injury;] or
(2) a member of the Texas National Guard or the Texas
Air National Guard who
(A) was killed since January 1, 1946, while on
active duty either in the service of this state or the United
States; or
(B) is totally and permanently disabled or meets
the eligibility requirements for individual unemployability
according to the disability ratings of the Department of Veterans
Affairs, regardless of whether the member is eligible to receive
disability benefits from the department, as a result of a
service-related injury suffered since January 1, 1946, while on
active duty either in the service of this state or the United
States].
(a-4) A person who before the 2014-2015 academic year
received an exemption under this section continues to be eligible
for the exemption provided by this section as this section existed
on January 1, 2013.
(b) The exceptions provided for in Subsection (a) also apply
to:
(1) the children of members of the armed forces of the
United States:
(A) who are or were killed in action;
(B) who die or died while in service;
(C) who are missing in action;
(D) whose death is documented to be directly
caused by illness or injury connected with service in the armed
forces of the United States; or
(E) who became totally and permanently disabled
or meet the eligibility requirement for individual unemployability
according to the disability rating of the Department of Veterans
Affairs as a result of a service-related injury; and
(2) the children of members of the Texas National
Guard and the Texas Air National guard who:
(A) were killed since January 1, 1946, while on
active duty either in the service of their state or the United
States; or
(B) are totally and permanently disabled or meet
the eligibility requirements for individual unemployability
according to the disability ratings of the Department of Veterans
Affairs, regardless of whether the members are eligible to receive
disability benefits from the department, as a result of a
service-related injury suffered since January 1, 1946, while on
active duty either in the service of this state or the United
States.
(a-5) A person who currently resides in this state and
entered the service at a location in this state, declared this state
as the person's home of record in the manner provided by the
applicable military or other service, or would have been determined
to be a resident of this state and entered service before September
1, 2017, qualifies for the exemption under the previous rules and
guidelines.
(b-1) To qualify for an exemption under Subsection (a-2) or
(b), the spouse or child must be classified as a resident under
Subchapter B on the date of the spouse's or child's registration.
(c) Subject to Subsection (c-1), a [A] person may not
receive exemptions provided for by this section for more than a
cumulative total of 150 hours.
(c-1) In addition to the limitation prescribed by
Subsection (c), a person who qualifies for an exemption under
Subsection (a) based on the person's military service, or a person
to whom an exemption is assigned under Subsection (k) based on the
military service of the person's parent, may not receive the
exemption for a semester or other academic term the first class date
of which is later than the 20th anniversary of the date of the
person's or parent's honorable discharge from military service, as
applicable. This subsection does not apply to a person who is
eligible to receive an exemption under Subsection (a-2) or to
continue to receive an exemption under Subsection (a-1), (a-3),
(a-4), or (a-5).
(c-2) A person may not receive exemptions provided for by
Subsection (a) after the completion of one graduate degree.
(d) Not later than the last class date of the semester or
term to which an exemption under this section applies, except that
the governing board may encourage an earlier submission by the
official day of record for that semester or term on which the
institution must determine the enrollment that is reported to the
Texas Higher Education Coordinating Board, the [The] governing
board of each institution of higher education granting an exemption
under this section shall require each applicant claiming the
exemption to submit to the institution, in the form and manner
prescribed by the Texas Veterans Commission for purposes of this
section under Section 434.0079(b), Government Code:
(1) [,] an application for the exemption and necessary
evidence that the applicant qualifies for the exemption;
(2) a completed Free Application for Federal Student
Aid (FAFSA); and
(3) a degree plan listing all courses required to
graduate evaluated and signed by the applicant's academic advisor
[not later than the last class date of the semester or term to which
the exemption applies, except that the governing board may
encourage the submission of an application and evidence by the
official day of record for the semester or term to which the
exemption applies on which the institution must determine the
enrollment that is reported to the Texas Higher Education
Coordinating Board].
(e) The exemption from tuition, fees, and other charges
provided for by this section does not apply to a person who at the
time of registration is entitled to receive state or federal grant
aid or educational benefits under federal legislation that may be
used only for the payment of tuition and fees if the value of the
grant aid and [those] benefits received in a semester or other term
is equal to or exceeds the value of the exemption for the same
semester or other term. If the value of state or federal grant aid
or federal benefits that may be used only for the payment of tuition
and fees and are received in a semester or other term does not equal
or exceed the value of the exemption for the same semester or other
term, the person is entitled to receive both the grant aid or
[those] federal benefits and the exemption in the same semester or
other term. The combined amount of the state or federal grant aid
or federal benefit that may be used only for the payment of tuition
and fees plus the amount of the exemption received in a semester or
other term may not exceed the cost of tuition and fees for that
semester or other term. An institution of higher education may not
require a person eligible for an exemption under Subsection (a) to
apply for or obtain a student loan.
(f) A person may apply an exemption under this section only
to credit hours for which the Texas Higher Education Coordinating
Board certifies student enrollment for the purposes of formula
funding [The governing board of each institution of higher
education may enter into contracts with the United States
government, or any of its agencies, to furnish instruction to
ex-servicemen and ex-service women at a tuition rate which covers
the estimated cost of the instruction or, in the alternative, at a
tuition rate of $100 a semester, as may be determined by the
governing board. If the rates specified are prohibited by federal
law for any particular class of ex-servicemen or ex-service women,
the tuition rate shall be set by the governing board, but shall not
be less than the established rate for civilian students. If federal
law provides as to any class of veterans that the tuition payments
are to be deducted from subsequent benefits to which the veteran may
be entitled, the institution shall refund to any veteran who is a
resident of Texas within the meaning of this section the amount by
which any adjusted compensation payment is actually reduced because
of tuition payments made to the institution by the federal
government for the veteran].
(k) Subject to the limitation prescribed by Subsection
(k-2) the The Texas Veterans Commission by rule shall prescribe
procedures to allow:
(1) a person who becomes eligible for an exemption
provided by Subsection (a) to waive the person's right to any unused
portion of the number of cumulative credit hours, not to exceed 150
credit hours, for which the person could receive the exemption and
assign the exemption for the unused portion of those credit hours to
a child of the person; and
(2) following the death of a person who becomes
eligible for an exemption provided by Subsection (a), the
assignment of the exemption for the unused portion of the credit
hours, not to exceed 150 credit hours, to a child of the person, to
be made by the person's spouse or by the conservator, guardian,
custodian, or other legally designated caretaker of the child, if
the child does not otherwise qualify for an exemption under
Subsection (b).
(k-2) A person who becomes eligible for an exemption
provided by Subsection (a) must have served for at least six years
before any portion of the exemption may be assigned to a child of
the person under Subsection (k).
(l) To be eligible to receive an exemption under Subsection
(k), the child must:
(1) be a student who is classified as a resident under
Subchapter B when the child enrolls in an institution of higher
education;
(2) as be an [a graduate or] undergraduate student,
maintain a grade point average that satisfies the grade point
average requirement for making satisfactory academic progress in a
degree, certificate, or continuing education program as determined
by the institution at which the child is enrolled in accordance with
the institution's policy regarding eligibility for financial aid;
[and]
(3) maintain:
(A) a course load of at least 24 semester credit
hours per academic year; and
(B) a cumulative grade point average of at least
2.5 on a four-point scale or the equivalent; and
(3) (4) be 25 years of age or younger on the first day
of the semester or other academic term for which the exemption is
claimed; and
(5) if eligible, have exhausted all benefits available
to the child under the federal Post-9/11 Veterans Educational
Assistance Act of 2008 (38 U.S.C. Section 3301 et seq.) or any other
federal law authorizing educational benefits for veterans.
SECTION 2. The changes in law made by this Act to Section
54.341, Education Code, apply beginning with tuition and fees
charged for the 2017 fall semester. Tuition and fees charged for a
term or semester before the 2017 fall semester are governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 3. (a) A joint interim committee is created to
study and review the exemption from tuition, fees, and other
charges provided under Section 54.341, Education Code, as amended
by this Act.
(b) The committee is composed of:
(1) five members of the senate standing committee with
primary jurisdiction over higher education appointed by the
lieutenant governor; and
(2) five members of the house standing committee with
primary jurisdiction over higher education appointed by the speaker
of the house of representatives.
(c) The lieutenant governor and the speaker of the house of
representatives shall:
(1) jointly designate a committee chair; or
(2) if the lieutenant governor and the speaker of the
house of representatives do not agree to jointly designate a
committee chair, designate co-chairs from among the lieutenant
governor's and the speaker's respective appointments.
(d) The committee shall convene at the call of the chair or,
if applicable, at the call of one of the co-chairs.
(e) The committee has all other powers and duties provided
to a special or select committee by the rules of the senate and
house of representatives, by Subchapter B, Chapter 301, Government
Code, and by policies of the senate and house committees on
administration.
(f) Not later than December 1, 2018, the committee shall
report the committee's findings and recommendations to the governor
and the members of the legislature. The committee shall include in
its recommendations specific statutory and rule changes that appear
necessary from the results of the committee's study.
(g) Not later than the 60th day after the effective date of
this Act, the lieutenant governor and the speaker of the house of
representatives shall appoint the members of the committee created
under this section.
(h) The committee is abolished and this section expires
March 1, 2019.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.